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Abstract

SOCIAL AND POLITICAL JUSTICE TO SCHEDULED CASTES IN INDIA - SOME GLIMPS OF DR. B.R. AMBEDKAR’S COUNTRIBUTION

Rattan Singh

Volume: 6 Issue: 2 2016

Receiving Date: | Acceptance Date: | Publication Date:

Abstract:

The social structure of India remained almost static during the two hundred years of British rule. The hereditary untouchability of certain communities created man made inequalities which were perpetuated by the inhuman treatment meted out by the Hindus to the untouchables that led to the backwardness of them.† Indian society was and had been caste ridden. In the past, there existed no such area of social existence and governance, where caste as political, social, economic, educational and cultural factor was not present. Even today, after more than six decades of introduction of Republican Constitution, the caste factor is dominant in every sphere of life of the people of this country. Jurisprudence concerns with functional aspect of law, therefore social justice jurisprudence concerns with the functional role of law. It encompasses the protective, corrective, distributive and pro-motive justice.‡ The rights of the Scheduled Castes are sought to be preserved, first, through the Fundamental Rights. These rights apply generally to all citizens as well as to Scheduled Castes, but this is not correct at all. In India social exclusion is practiced on the base of caste and untouchability where a group of people are denial of the rights and opportunities which the majority of people enjoy. Indian society was divided in to four varans on the base of their birth i.e. Brahmins should cultivate the knowledge, that the kshatriya should bear arms, the vaishya should trade and the shudra should serve all the above

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